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Pyett

: You Want a Piece of Pyett With That? II. The Forum for Litigation of Statutory Employment Claims After Pyett: A NewApproach from Management and Labor

In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims… Read More »: You Want a Piece of Pyett With That? II. The Forum for Litigation of Statutory Employment Claims After Pyett: A NewApproach from Management and Labor

The Implications of 14 PENN PLAZA v PYETT

Arbitrators and labor and management representatives discuss the possible impact of Pyett on union representational duties and employees’ rights.

The TRILOGY at 50 – Foundation for the 21st Century: A Half Century of the Steelworkers Trilogy: Fifty Years of Ironies Squared?

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that… Read More »The TRILOGY at 50 – Foundation for the 21st Century: A Half Century of the Steelworkers Trilogy: Fifty Years of Ironies Squared?

Presidential Address from Michel Picher

President Picher recounts the changing role of arbitrators in applying external law, culminating in the Supreme Court’s 2009 decision in 14 Penn Plaza v Pyett.

Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act

The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act

Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks

Individual Rights v. Collective Interests: Can a Public Employer and a Union Collectively Bargain a Valid Waiver of Public Employees’ Constitutional Rights?

Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of… Read More »Individual Rights v. Collective Interests: Can a Public Employer and a Union Collectively Bargain a Valid Waiver of Public Employees’ Constitutional Rights?